Find Lawyers in San Diego, California for Bet-the-Company Litigation
Bet-the-Company Litigation - San Diego, CaliforniaAbout this Practice Area
For more than 30 years, Michael L. Kirby has been involved in civil litigation, trying more than 50 jury trials throughout his career and obtaining total recoveries valued in excess of $275 million as lead counsel. His expertise is extensive and covers a variety of practice areas that involve business, partnerships, real estate and investor disputes. He has received multiple Outstanding Trial Lawyer awards from the Consumer Attorneys of San Diego. He successfully tried five cases in five diff...
Dave practices in the areas of Antitrust Liability, Professional Liability, Securities Litigation, Bank Litigation and General Business Litigation. Dave’s current practice is devoted to the trial of commercial and business matters, for both plaintiffs and defendants. Over the past three decades, Dave has represented clients as diverse as syndicates competing in the America’s Cup yacht races, numerous professional athletes in a variety of litigation matters, Fortune 500 companies i...
Mr. Zebrowski is a commercial litigation partner who has practiced in San Diego for 30 years. In addition to commercial litigation matters, his practice also includes real estate, section 17200 litigation, partnership and shareholder disputes and legal malpractice defense. Mr. Zebrowski is a founding Master in the Wallace Chapter of the American Inns of Court; a director of Conversations About Cancer and of the Thomas Jefferson School of Law; a past president of the San Diego Chapter of the A...
Bet-the-Company Litigation Definition
Bet-the-company cases create unique challenges. Counsel inside and outside the company must respond to several alarmed constituencies, including insiders (management, the board, employees, shareholders, investors); outsiders (customers, vendors, lenders, insurers), and regulatory authorities (to name only a few: SEC, FTC, FDA, EPA, and DOJ and their international counterparts). Counsel must conduct every aspect of the litigation with the needs and desires of these sometimes conflicting constituencies constantly in mind.
The company may face multiple investigations: congressional, criminal, regulatory, as well as special quasi-governmental commissions and internal investigations conducted by the company itself or by other parties. Counsel must deal with these investigations understanding that decisions made early on can have an enormous impact on the outcomes of investigations, subsequent litigation, and on the ultimate resolution.
Litigation may erupt in multiple jurisdictions (federal, state, international) and in multiple forms (criminal, civil, administrative, arbitral). The company may face multiple litigation adversaries, including the United States Department of Justice, State Attorneys General, regulatory counsel, and private counsel for adverse parties. Parties aligned with the company will have their own counsel, constituencies and agendas. The formal and informal coordination of all these proceedings and parties will impact the duration, cost and course of the litigation. The reputation of the company’s lead counsel – in part pre-existing and in part earned over the course of the litigation – will be critical in dealing with all these tribunals, parties, and attorneys.
Bet-the-company cases require an ability not only to navigate in these different environments, but also to see how the moving parts fit together. That in turn is the key to a more important ability: to work out, with the client, a plan – a plan that will be constantly adjusted – to get from the chaotic beginning to a satisfactory resolution.
It is best in bet-the-company cases to have a lead lawyer responsible for coordinating the varied teams of lawyers needed to handle, under a coherent plan, all these facets of the problem – teams with varying types of expertise, drawn from multiple firms, and often working in different locations. With leadership, cohesive teams can solve extraordinary problems.
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Enhancing Consumer Safety Through Winning Jury Trials and Substantial Settlements
by Justin Smulison